Professional Documents
Culture Documents
AUSL LMT Remedial Law
AUSL LMT Remedial Law
GENERAL PRINCIPLES
No court can interfere by injunction with the judgments or orders of another court of concurrent
jurisdiction. (Del Rosario vs. Ocampo-Ferrer, G.R. No. 215348, June 20, 2016, J. Perlas-Bernabe)
This principle requires that recourse must first be made to the lower-ranked court exercising
concurrent jurisdiction with a higher court. (Osmeña vs. Abaya, G.R. No. G.R. No. 211737, January 13, 2016)
JURISDICTION
a) Original Jurisdiction – power to take cognizance of a case for the first time under the conditions
provided by law.
b) Appellate Jurisdiction – authority of a court higher in rank to re-examine the final order or
judgment of a lower court.
c) Concurrent or Coordinate Jurisdiction - power conferred upon two (2) or more courts of
different levels to exercise original jurisdiction over a particular case.
d) Exclusive Jurisdiction – power to adjudicate a case or proceeding to the exclusion of all other
courts.
e) General Jurisdiction – power to adjudicate all controversies except those expressly withheld.
g) Expanded/Extended Jurisdiction – the authority of the court, in aid of its appellate jurisdiction,
to control all auxiliary and incidental matters necessary to the efficient and proper exercise of that
jurisdiction. (City of Manila vs. Judge Cuerdo, G.R. No. 175723, February 4, 2014)
h) Equity Jurisdiction – aims to provide complete justice in cases where a court of law is unable to
adapt its judgments to the special circumstances of a case because of a resulting legal inflexibiity
when the law is applied to a given situation. (Regulus Inc. vs. Dela Cruz, G.R. No. 198172, January 25, 2016)
k) Limited Jurisdiction – power of the court limited to particular cases, as may be provided by the
governing laws.
l) Primary Jurisdiction – (1) Authority of the administrative bodies to take cognizance of certain
cases before they can be filed with the regular courts; and (2) All cases cognizable by the
Sandiganbayan in the exercise of its original jurisdiction must be investigated by the Office of the
Ombudsman in the exercise of its primary jurisdiction. (De Lima v. Guerrero, G.R. No. 229781, October 10,
2017)
4. What is the remedy against a final and executory judgment in small claims cases?
Petition for Certiorari under Rule 65. The extraordinary writ of certiorari is always available where
there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law. (A.L.
Ang Network, Inc. vs. Mondejar, G.R. No. 200804, January 22, 2014, J. Perlas-Bernabe).
Note: The remedy of certiorari is not available against interlocutory orders.
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5. Distinguish Jurisdiction from Venue.
JURISDICTION VENUE
The authority to hear and determine a case. The place where the case is to be heard.
A matter of substantive law. A matter of procedural law.
Cannot be waived. Waivable.
Establishes a relation between the court and the Establishes a relation between plaintiff and defendant,
subject matter. or petitioner and respondent.
Fixed by law and it cannot be conferred by the May be conferred by the act or agreement of the
parties. parties. (Riano, Civil Procedure Vol. I, 2014)
a) An action for cancellation of title and reversion where the assessed value of the property
located in Laguna is P25,000.
Regional Trial Court. The action belongs to the class of cases that “involve the title to, or
possession of, real property, or any interest therein”. Thus, since the assessed value of the
property located outside Metro Manila exceeds P20,000, the action falls under the jurisdiction of
the RTC. (Republic vs. Roman Catholic Bishop of Manila, G.R. No. 192975, Nov. 12, 2012, J. Perlas-Bernabe)
Regional Trial Court designated as Special Commercial Court. (Dee vs. Harvest All Investment, Ltd., G.R.
224834 and 224871, March 15, 2017, J. Perlas-Bernabe)
c) An action for foreclosure of mortgage where the mortgaged property’s assessed value is
P17,000.
Municipal Trial Court. As an action for foreclosure of mortgage is a real action, it is the assessed
value of the property which determines the court's jurisdiction. (Roldan vs. Barrios, G.R. No. 214803, April
23, 2018)
7. Kath’s Petition for Issuance of a Temporary Protection Order (TPO) against her husband, Jay,
was raffled before the Family Court of Manila. Jay, however, assailed the constitutionality of
R.A. No. 9262 on the ground that it violates the equal protection clause.
a) Considering that the Family Court is a court of limited jurisdiction, may it rule on the
constitutionality of R.A. No. 9262?
Yes. Family Courts are of the same level as the Regional Trial Courts. In spite of such
designation, RTCs remain possessed of authority as a court of general original jurisdiction. (Garcia
vs. Drilon, G.R. No. 179267, June 25, 2013, J. Perlas-Bernabe)
b) Can the Court of Appeals issue a Temporary Restraining Order against a TPO issued by
the Family Court in cases involving R.A. No. 9262?
No. The filing of a petition for certiorari, mandamus or prohibition against any interlocutory order
issued by the trial court is expressly disallowed. Hence, a 60-day TRO cannot be issued by the
appellate court because it will hinder the case from taking its normal course in an expeditious and
summary manner. (Garcia vs. Drilon, G.R. No. 179267, June 25, 2013, J. Perlas-Bernabe)
9. What are the grounds wherein the court may dismiss a case motu propio.
a) Lack of jurisdiction;
b) Res Judicata;
c) Litis Pendentia;
d) Prescription;
e) Failure of the plaintiff to appear on the date of the presentation of his evidence in chief for a
reasonable period of time;
f) Failure of the plaintiff to prosecute his action for an unreasonable length of time;
g) Failure of the plaintiff to comply with an order of the court; and
h) Rules on Summary Procedure.
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10. Bong filed a Petition for Certiorari under Rule 65 before the Court of Appeals to nullify the
preventive suspension order against him. The Ombudsman contends that the Court of
Appeals has no jurisdiction over the petition because Sec. 14 of R.A. No. 6770 provides that
the decisions or findings of the Ombudsman can only be appealed to the Supreme Court via
Rule 45. Decide.
The Ombudsman is incorrect. Sec. 14, R.A. No. 6770 is unconstitutional because it attempts to
increase the Supreme Court's appellate jurisdiction without its advice and concurrence. The Supreme
Court held that petitions for certiorari against unappealable issuances of the Ombudsman should be
filed before the Court of Appeals, and not before the Supreme Court. (Carpio-Morales vs. Court of Appeals,
G.R. Nos. 217126-27, November 10, 2015, J. Perlas-Bernabe)
CIVIL PROCEDURE
11. When is there a splitting of a single cause of action? What is its effect?
There is a splitting of a single cause of action when two or more suits are instituted on the basis of the
same cause of action, in which case the filing of one or a judgment upon the merits in any one is
available as a ground for the dismissal of the others. (Sec. 4, Rule 2)
12. Distinguish Failure to State a Cause of Action from Lack of Cause of Action.
COMPULSORY PERMISSIVE
Arises out of or is connected with the transaction or Does not arise out of or is not necessarily
occurrence constituting the subject matter of the opposing connected with the subject matter of the
party's claim. opposing party’s claim.
Barred if not set up in the same action. May be filed separately in another case.
No need to pay docket fees Required to pay docket fees.
(FGU Insurance Corp. vs. Alday, G.R. No. 138822, January 23, 2001)
14. What are the requisites for proper joinder of causes of action?
a) The party joining the causes of action shall comply with the rules on joinder of parties;
b) The joinder shall not include special civil actions or actions governed by special rules;
c) Where the causes of action are between the same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of
action falls within the jurisdiction of said court and the venue lies therein; and
d) Totality Rule - Where the claims in all the causes action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction. (Section 5, Rule 2)
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16. Will the stipulation in the contract providing for exclusive venue be invoked in an action
where the validity of the contract is being assailed by the plaintiff?
No. A complaint directly assailing the validity of the written instrument itself should not be bound by
the exclusive venue stipulation contained therein and should be filed in accordance with the general
rules on venue. (Briones vs. Court of Appeals, G.R. No. 204444, January 14, 2015)
The act of a litigant who repetitively availed of several judicial remedies in different courts,
simultaneously or successively, all substantially founded on the same transactions and the same
essential facts and circumstances, and all raising substantially the same issues, either pending in or
already resolved adversely by some other court, to increase his chances of obtaining a favorable
decision if not in one court, then in another. (Galang vs. Peakhold Finance Corporation, G.R. No. 233922, January
24, 2018, J. Perlas-Bernabe)
18. What are the effects of non-compliance with the requirement on verification and certification
against forum shopping?
VERIFICATION CERTIFICATION
Does not necessarily render the pleading fatally Generally not curable by its subsequent
defective. The court may order its submission or submission or correction thereof, unless there is a
correction or act on the pleading if the attending need to relax the Rule on the ground of
circumstances are such that strict compliance "substantial compliance" or presence of "special
with the Rule may be dispensed with in order that circumstances or compelling reasons." (Bandillon
the ends of justice may be served thereby. vs. La Filipina Uygonco Corporation, G.R. No. 202446,
September 16, 2015)
19. What is the proper remedy against an order declaring a party in default?
The proper remedy is a Motion to Lift Order of Default, and not a Motion for Reconsideration,
pursuant to Section 3(b), Rule 9 of the Rules of Court. A party declared in default may at any time,
after notice thereof and before judgment, file a motion under oath to set aside the order of default
upon proper showing that his failure to answer was due to fraud, accident, mistake or excusable
negligence and that he has a meritorious defense. In such case, the order of default may be set aside
on such terms and conditions as the judge may impose in the interest of justice .(BDO v. Tansipek, G.R. No.
181235, July 22, 2009)
20. Kobe filed a Complaint for Sum of Money against Ricci alleging that the latter borrowed from
him certain amounts in three separate occasions which he failed to pay. In his Answer with
Counterclaim, Ricci specifically denied his indebtedness to Kobe and claimed that it was the
latter who owed him P500,000.00, as evidenced by a receipt, which states “I receive the total
amount of P500,000. Signed, Kobe.” Should Kobe’s Reply be verified?
No. A receipt is defined as a written and signed acknowledgment that money or good was delivered
or received. There are no terms and conditions found therein from which a right or obligation may be
established. It cannot be considered an actionable document upon which an action or defense may
be founded. Hence, the Reply need not be verified (Ogawa vs. Menigishi, G.R. No. 193089, July 9, 2012, J.
Perlas-Bernabe)
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Extraterritorial By leave of court, be effected out of the Philippines by:
service of a. personal service as under section 6, Rule 14; or
summons b. by publication in a newspaper of general circulation in such places and for such time
as the court may order, in which case a copy of the summons and order of the court
shall be sent by registered mail to the last known address of the defendant; or
c. in any other manner the court may deem sufficient. (Rule 14, Sec. 15)
Extraterritorial service of summons under Sec. 15 of Rule 14 applies when the following
requisites concur:
a. the defendant is a nonresident;
b. he is not found in the Philippines; and
c. the action against him is either in rem or quasi in rem (Rule 14, Sec. 15, Jose v.
Boyon, 414 SCRA 216, 224)
Residents When any action is commenced against a defendant who ordinarily resides within the
temporarily out Philippines, but who is temporarily out of it, service may, by leave of court, be effected
of the by:
Philippines a. by personal service as in Rule 14, Sec.6;
b. by publication in a newspaper of general circulation together with a registered mailing
a copy of the summons and the order of the court to the last known address of the
defendant; or
c. by any manner the court may deem sufficient (Rule 14, Sec. 16)
Defendant In any action where the defendant is designated as an unknown owner, or the like, or
whose identity whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry,
or whereabouts service may, by leave of court, be effected upon him by publication in a newspaper of
are unknown general circulation and in such places and for such time as the court may order.(Rule
14, Sec. 14).
Domestic Service may be made upon the following persons: (a) President; (b) Managing Partner;
private juridical (c) General Manager; (d) Corporate Secretary; (e) Treasurer, or (f) In-House Counsel.
entity
a) Its resident agent designated, or, if there be no such agent,
Foreign private
b) Government official designated by law to that effect, or
judicial entity
c) Any of the officers or agents of said foreign entity within the Philippines.
Service may be effected out of the Philippines, with leave of court, through any of the
following means:
Foreign private
juridical a) By personal service coursed through the appropriate court in the foreign country
entities not with the assistance of the Department of Foreign Affairs.
registered in b) By publication in a newspaper of general circulation in the country where the
the Philippines defendant may be found and by serving a copy of the summons and the court order
or have no by registered mail at the last known address of the defendant;
resident agents c) By facsimile or any recognized electronic means that could generate proof of
service; or
d) By such other means as the court may in its discretion direct.
Republic of the Service may be effected on the Solicitor General. (Sec. 13, Rule 14)
Philippines
Public Service may be effected on its executive head, or on such other officer or officers as the
Corporations law or the court may direct. (Rule 14, Sec. 13)
When a suit is directed against an unincorporated agency, which, because it is
Unincorporated unincorporated, possesses no juridical personality of its own, the suit is against the
government agency’s principal, which is the State. Thus, the summons shall be served upon the
agency Office of the Solicitor General. (Republic vs. Domingo, G.R. No. 175299, September 14,
2011)
Service shall be effected by the officer having the management of such jail or institution.
Prisoner
For its purpose, the jail manager is deemed deputized as a special sheriff.
Service shall be made:
a) Upon him personally; and
Minor and
b) On his legal guardian if he has one, or if none, upon his guardian ad litem. The
incompetent
appointment of the guardian ad litem shall be applied for by the plaintiff. If the
defendant is a minor, service may be made also upon his father or mother.
22. An action for damages was filed against Ladia Corporation. Summons was received by
Ruben, the Corporation’s Liaison Officer, upon telephone instruction of Joey, the
Corporation’s Corporate Secretary. Did the court acquire jurisdiction over the Corporation?
Yes. There was constructive service of summons. Although there was no direct, physical handing of
the summons to the corporate secretary, the latter could at least be charged with, which having
constructively received the same amounts to a valid service of summons. (Nation Petroleum Gas vs. RCBC,
G.R. No. 183370, August 17, 2015)
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causes of action between the first case where the cases, but no identity of causes of action.
judgment was rendered and the second case that
is sought to be barred
(Puerto Azul Land, Inc. vs. Pacific Wide Realty and Dev’t Corp., G.R. No. 184000, September 17, 2014, J. Perlas-
Bernabe).
When a complaint is dismissed a second time, the plaintiff is now barred from seeking relief on the
same claim, with the following requisites:
It is a remedy available to a third-claimant, not the judgment obligor, whose property was levied by
virtue of a writ of execution. Under Sec. 16, Rule 39, the third-party claimant may execute an affidavit
of his title or right to the possession of the property levied, and serve the same to the officer making
the levy and a copy thereof to the judgment creditor. The officer shall not be bound to keep the
property, unless the judgment creditor files a bond approved by the court to indemnify the third-party
claimant in a sum not less than the value of the property levied on. (PSALM vs. Maunlad Homes, G.R.
No. 215933. February 8, 2017)
27. Can a party already declared in default still avail the remedy of appeal?
Yes. The rule is that the "right to appeal from the judgment by default is not lost and can be done on
grounds that the amount of the judgment is excessive or is different in kind from that prayed for, or
that the plaintiff failed to prove the material allegations of his complaint, or that the decision is contrary
to law." Despite being burdened by the circumstances of default, the petitioners may still use all other
remedies available to question not only the judgment of default but also the judgment on appeal
before the Court. Those remedies necessarily include an appeal by certiorari under Rule 45 of the
Rules of Court. (Farida Yap Bitte vs. Sps. Jonas, G.R. No. 212256, December 9, 2015)
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REVIEW ON CERTIORARI (RULE 45) CERTIORARI (RULE 65)
plain, speedy or adequate remedy.
Must be made within 15 days from notice of Filed within 60 days from notice of judgment,
judgment or final order or resolution appealed order or resolution.
from. Supreme Court may grant an extension
of 30 days for justifiable reasons.
Stays the judgment or order appealed from. Does not stay the challenged proceeding, unless
a writ of preliminary injunction or TRO is issued.
The court is in the exercise of its appellate Court exercises original jurisdiction.
jurisdiction and power of review.
The petitioner and the respondent are the The parties are the aggrieved party against the
original parties to the action, and the lower lower court or quasi-judicial agency and the
court or quasi-judicial agency is not prevailing parties.
impleaded.
Motion for reconsideration is not required. Motion for reconsideration or for new trial is
required.
PROVISIONAL REMEDIES
30. Should the court lift a Writ of Preliminary Attachment, which levied defendant’s properties,
when the case is dismissed by virtue of a Compromise Agreement?
No. While the provisions of the Rules of Court are silent on the length of time within which an
attachment lien shall continue to subsist after the rendition of a final judgment, jurisprudence dictates
that the said lien continues until: (a) the debt is paid; (b) the sale is had under execution issued on the
judgment; (c) until the judgment is satisfied; or (d) the attachment discharged or vacated in the same
manner provided by law. (Lim, Jr. vs. Spouses Lazaro, G.R. No. 185734, July 3, 2013, J. Perlas-Bernabe)
32. What are the requisites for the issuance of preliminary injunction?
a) The applicant must have a clear and unmistakable right to be protected, i.e., a right in esse;
b) There is a material and substantial invasion of such right;
c) There is an urgent need for the writ to prevent irreparable injury to the applicant; and
d) No other ordinary, speedy, and adequate remedy exists to prevent the infliction of irreparable
injury. (Liberty Broadcasting Network vs. Atlocom, G.R. No. 205875, June 30, 2015)
34. Diego, the registered owner of a parcel of land which was subjected to compulsory
acquisition under the Comprehensive Agrarian Reform Program (CARP), received an order of
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land valuation from the Department of Agrarian Reform (DAR) / Land Bank of the Philippines
(LBP). Fifteen days had lapsed from the receipt of the order.
a) Can Diego still file a petition for determination of just compensation with the Special
Agrarian Court?
Yes. Since the determination of just compensation is a judicial function, the Court must abandon
its ruling in Veterans Bank, Martinez, Soriano and Limkaichong that a petition for determination of
just compensation before the Special Agrarian Court shall be proscribed and adjudged
dismissible if not filed within the 15-day period prescribed under the DARAB Rules. To maintain
the rulings would be incompatible and inconsistent with the legislative intent to vest the original
and exclusive jurisdiction in the determination of just compensation with the Special Agrarian
Court.
b) When should Diego file a petition for determination of just compensation with the Special
Agrarian Court?
Within ten (10) years from the time he received the notice of coverage. While R.A. No. 6657 itself
does not provide for a period within which a landowner can file a petition for the determination of
just compensation before the Special Agrarian Court, it cannot be imprescriptible. Considering
that the payment of just compensation is an obligation created by law, it should only be ten (10)
years from the time the landowner received the notice of coverage. (LBP vs. Dalauta, G.R. No. 190004,
August 8, 2017)
35. Distinguish Quo Warranto from Impeachment as a remedy to remove an impeachable officer.
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Defendant’s possession was acquired by force, Defendant’s possession was acquired by tolerance or
intimidation, threat, stealth and strategy. contract.
38. May damages other than the rental be claimed in an ejectment suit?
No. The only damage that can be recovered in an ejectment suit is the fair rental value or the
reasonable compensation for the use and occupation of the real property. Other damages must be
claimed in an ordinary action. (Shoemart, Inc. vs. CA, G.R. 86956, October 1, 1990)
39. What are the requisites to stay the immediate execution of a judgment in an Ejectment case?
a. Perfecting an appeal;
b. Filing a supersedeas bond; and
c. Periodic deposit of the rental or reasonable compensation for the use and occupancy of the
property during the pendency of the appeal. (Ferrer vs. Judge Rabaca, A.M. No. MTJ-05-1580, October 6,
2010).
SPECIAL PROCEEDINGS
40. What are the claims that may be filed against the estate under Rule 86?
a) Claims for money against the decedent arising from contract, express or implied, whether due,
not due or contingent;
b) Claims for funeral expenses and expenses for the last sickness of the decedent;
c) Judgment for money against the decedent. (Sec. 5, Rule 86)
41. What actions may be commenced against the executor or administrator under Rule 87?
a) Actions to recover real or personal property or an interest therein, from the estate or to enforce a
lien thereon; and
b) Actions to recover damages for an injury to person or property, real or personal. (Sec. 1, Rule 87)
The Statute of Non-Claims is the period fixed for the filing of claims against the estate such that claims
not filed within the said period are barred forever. The period fixed by probate court must not be less than
six months nor more than 12 months from the date of first publication of the notice. (De Leon and Wilwayco,
Special Proceedings: Essentials for Bench and Bar, p. 131 [2015])
43. Which court has the primary and exclusive jurisdiction in cases of Habeas Corpus in relation
to custody of minors?
The Family Court of the province or city where the petitioner resides or where the minor may be
found. (Sec. 3, A.M. No. 03-04-04 SC)
The writ of continuing mandamus is a writ issued by a court in an environmental case directing any
agency or instrumentality of the government or officer thereof to perform an act or series of acts
decreed by final judgment which shall remain effective until the judgment is fully satisfied (Sec. 4, Rule 1,
A.M. No. 09-6-8 SC).
45. Ana and Tom were common law partners. Ana was able to obtain videos of Tom with another
woman. Ana threatened Tom that she will be using the videos to file a case against Tom. Tom
filed for a Petition for Writ of Habeas Data claiming that Ana’s threat to use the videos violates
his right to privacy in life, liberty, and security. Decide.
No. In order to support a petition for the issuance of a writ of habeas data, the petition must
adequately show that there exists a nexus between the right to privacy on the one hand, and the right
to life, liberty or security on the other. Here, petitioner was not sufficiently able to allege that his right
to privacy in life, liberty or security was or would be violated, in as much as the threat is only to
legitimately utilize the photos and videos in the case to be filed against him. (Lee vs. Ilagan, G.R. No.
203254, October 8, 2004. J. Perlas-Bernabe)
46. Distinguish Rule 103, Rule 108, and R.A. No. 9048.
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entries (only typographical or
clerical errors)
A person desiring to change Any person interested in any act, Any person having direct and
his name. event, order or decree concerning personal interest in the correction of
the civil status of persons which has a clerical or typographical error in
been recorded in the civil register. an entry and/or change of first name
or nickname.
RTC of the province in which RTC of city or province where the a) Local civil registry office of the
petitioner resided for 3 years corresponding civil registry is city or municipality where the
prior to filing. located. record being sought to be
corrected or changed is kept;
b) Local civil registrar of the place
where the interested party is
presently residing or domiciled;
c) Philippine Consulate
1. Ridiculous, tainted with Upon good and valid grounds. 1. Name is ridiculous, tainted with
dishonor and extremely dishonor and extremely difficult
difficult to write or to write or pronounce;
pronounce; 2. Consequence of change of
2. Consequence of change status;
of status; 3. Necessity to avoid confusion.
3. Necessity to avoid
confusion;
4. Having continuously
used and been known
since childhood by a
Filipino name, unaware
of her alien parentage;
5. A sincere desire to adopt
a Filipino name to erase
signs of former alienage
all in good faith and
without prejudicing
anybody.
6. When the surname
causes embarrassment
and there is no showing
that the desired change
of name was for a
fraudulent purpose or
that the change of name
would prejudice public
interest.
Judicial Judicial Administrative
At least once a week for At least once a week for three At least once a week for two
three consecutive weeks in a consecutive weeks in a newspaper consecutive weeks (publish the
newspaper of general of general circulation. whole affidavit) in a newspaper of
circulation. general circulation – in change of
first name or nickname, or for
correction of erroneous entry
concerning the day and month in
the date of birth or the sex of a
person.
Clerical or typographical error refers to a mistake committed in the performance of clerical work in
writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous,
such as misspelled name or misspelled place of birth, mistake in the entry of day and month in the
date of birth or the sex of the person or the like, which is visible to the eyes or obvious to the
understanding, and can be corrected or changed only by reference to other existing record or
records: Provided, however, That no correction must involve the change of nationality, age, or status
of the petitioner. (R.A. 9048, as amended by R.A. No. 10172)
CRIMINAL PROCEDURE
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e. Estafa (Serana vs. Sandiganbayan, G.R. No. 162059, January 22, 2008)
f. Falsification (Garcia vs. Sandiganbayan, G.R. No. 165835, June 22, 2005)
49. What are the cases cognizable by the RTC regardless of the imposable penalty?
50. What are Prohibited Motions under the Continuous Trial Rule (A.M. 15-06-10-SC)?
Executive Judicial
(Preliminary Investigation) (Preliminary Examination)
It is made by the public prosecutor, during a It is made by the judge to ascertain whether a warrant
preliminary investigation, where he is given of arrest should be issued against the accused. In this
broad discretion to determine whether probable respect, the judge must satisfy himself that, on the
cause exists for the purpose of filing criminal basis of the evidence submitted, there is a necessity for
information in court. Whether or not that placing the accused under custody in order not to
function has been correctly discharged by the frustrate the ends of justice. If the judge, therefore,
public prosecutor, i.e., whether or not he has finds no probable cause, the judge cannot be forced to
made a correct ascertainment of the existence issue the arrest warrant. (De Los Santos-Dio vs. Court of
of probable cause in a case, is a matter that Appeals, G.R. No. 178947, June 26, 2013)
the trial court itself does not and may not be
compelled to pass upon.
53. Discuss the Rules on Consolidation under the Continuous Trial Rule.
FORMAL SUBSTANTIAL
When it does not change the nature of the crime; does not affect the When the defense of the
essence of the offense; does not cause surprise; does not deprive the accused would no longer be
accused of an opportunity to meet new averment; or where the available and any evidence of
substitution of the private complainant did not alter the basis of the the accused would be
charge; did not result any prejudice to the party; or the documentary inapplicable to the complaint or
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evidence remained the same and are available to the other party. information.
(Riano, Criminal Procedure, The Bar Lecture Series, p. 130, 2016)
It is a writ issued directly by a judge to a law-enforcement officer, especially for the arrest of a person
who has been held in contempt, has disobeyed a subpoena, or has to appear for a hearing or trial.
(Magleo vs. Quinagoran, G.R. No. A.M. No. RTJ-12-2336, November 12, 2014)
The right to a speedy disposition of a case, like the right to speedy trial, is deemed violated when the
proceeding is attended by vexatious, capricious and oppressive delays; or when unjustified
postponements of the trial are asked for and secured, or when without cause or justifiable motive a
long period of time is allowed to elapse without the party having his case tried. The factors to be
considered are: (a) Length of Delay; (b) Reason for Delay; (c) Assertion of Right; and (d) Prejudice to
Accused.
a) Valid indictment;
b) Competent court;
c) After arraignment;
d) Valid plea has been entered; and
e) When the defendant was convicted or acquitted, or the case was dismissed or otherwise
terminated without the express consent of the accused. (Saldariega vs. Panganiban, G.R. No. 211933 &
211960, April 15, 2015)
CRIMINAL CIVIL
It is the complementary procedural document consisting A bill of particulars details items or specific
of an amplification or more particularized outline of a conduct not recited in the Information but
pleading, and is in the nature of a more specific nonetheless pertain to or are included in the
allegation of the facts recited in the pleading. crime charged.
To enable a party to prepare his responsive pleading To enable an accused: to know the theory of the
properly. (Enrile vs. People, G.R. No. 213455, August 11, government’s case; to prepare his defense and to
2015) avoid surprise at the trial; to plead his acquittal or
conviction in bar of another prosecution for the
same offense; and to compel the prosecution to
observe certain limitations in offering evidence.
It is one that arises in a case the resolution of which is a logical antecedent of the issue involved
therein, and the cognizance of which pertains to another tribunal. It is a question based on a fact
distinct and separate from the crime but so intimately connected with it that it determines the guilt or
innocence of the accused, and for it to suspend the criminal action, it must appear not only that said
case involves facts intimately related to those upon which the criminal prosecution would be based
but also that in the resolution of the issue or issues raised in the civil case, the guilt or innocence of
the accused would necessarily be determined. (People vs. Arambulo, G.R. No. 186597, June 17, 2015)
61. What are the requisites for an accused to be discharged as state witness?
a) There is absolute necessity for the testimony of the accused whose discharge is requested;
b) No other direct evidence available, except the testimony of the accused;
c) The testimony can be substantially corroborated in its material points;
d) Accused does not appear to be the most guilty; and
e) Accused has not been convicted of any offense involving moral turpitude. (Sec. 17, Rule 119)
arellano C|L|E|A|R 12
When there is variance between the offense charged and the offense proved, and the offense
charged is included in or necessarily includes the offense proved, the accused shall be convicted of
the offense proved which is included in the offense charged, or the offense charged which is included
in the offense proved. (Sec. 4, Rule 120)
63. May a person charged with rape through sexual intercourse be convicted of the crime of rape
by sexual assault, as proven during the trial?
No. Applying the variance doctrine, he can be held guilty of the lesser crime of acts of lasciviousness
performed on a child, i.e., lascivious conduct under Section 5(b) of R.A. No. 7610, which was the
offense proved, because it is included in rape, the offense charged. (People vs. Caoili, G.R. No. 196342,
August 8, 2017)
EVIDENCE
arellano C|L|E|A|R 13
Yes. Hearsay evidence is admissible in determining probable cause in a preliminary investigation
because such investigation is merely preliminary, and does not finally adjudicate rights and
obligations of parties. (Estrada vs. Office of the Ombudsman, G.R. No. 212140-41, January 21, 2015)
67. May the Res Inter Alios Acta Rule be properly invoked in preliminary investigation?
No. Technical rules of evidence are not binding during preliminary investigation. The co-conspirators’
statements were sought to be excluded based on the res inter alios acta rule, which states that the
rights of a party cannot be prejudiced by an act, declaration, or omission of another. The foregoing
rule constitutes a technical rule on evidence which should not be rigidly applied in the course of
preliminary investigation proceedings. (Cambe vs. Office of the Ombudsman, G.R. Nos. 212014-15, December 6,
2016, J. Perlas-Bernabe)
a) Multiple Admissibility - Evidence that is plainly relevant and competent for two or more
purposes will be received if it satisfies all the requirements prescribed by law in order that it may be
admissible for the purpose for which it is presented, even if it does not satisfy the other requisites of
admissibility for other purposes.
c) Curative Admissibility - Evidence that is otherwise improper is admitted (despite objection from
the other party) to contradict improper evidence presented or introduced by the other party, and to cure or
neutralize such improper evidence. (Regalado, Vol. II, p.706, 2008 ed.)
MANDATORY DISCRETIONARY
a) Existence and territorial extent of states; a) Matters which are of public
b) Political history forms of government and symbols of nationality; knowledge;
c) Law of nations; b) Are capable to
d) Admiralty and maritime courts of the world and their seals; unquestionable
e) Political constitution and history of the Philippines; demonstration; or
f) Official acts of legislative, executive and judicial departments of the c) Ought to be known to
Philippines; judges because of their
g) Laws of nature; judicial functions.
h) Measure of time; and
i) Geographical divisions.
No hearing. Hearing is required.
When the subject of inquiry is the contents of a document, no evidence shall be admissible other than
the original document itself. The rule only applies when the subject of the inquiry is the contents of a
document. The rule requires that the original of the writing must be produced. It is also known as the
"original document rule" or "primary evidence rule". (National Power Corporation vs. Codilla, G.R. No. 170491,
April 4, 2007)
71. Frankie was apprehended after an entrapment operation, wherein the complainant prepared
marked money and delivered it to him. Photocopies of the marked money were presented in
court as evidence. Frankie invokes the Best Evidence Rule. Is his contention correct?
No. The Best Evidence Rule applies only when the contents of the document are the subject of
inquiry. Here, the marked money was presented solely for the purpose of establishing its existence
and not its contents. (Flores vs. People, GR no. 222861, April 23, 2018)
When the terms of an agreement have been reduced to writing, it is considered as containing all the
terms agreed upon and there can be, between the parties and their successors in interest, no
evidence of such terms other than the contents of the written agreement. However, a party may
present evidence to modify, explain or add to the terms of the written agreement if he puts in issue in
his pleading;
arellano C|L|E|A|R 14
d) The existence of other terms agreed to by the parties or their successors in interest after the
execution of the written agreement.
ADMISSION CONFESSION
An act, declaration or omission of a party as to The declaration of an accused acknowledging his guilt of the
a relevant fact. offense charged, or of any offense necessarily included
therein.
Broader than confession. Specific type of admission which refers only to an
acknowledgment of guilt.
May be implied like admission by silence. Cannot be implied, but should be a direct and positive
acknowledgment of guilt.
74. What are the requisites for the application of the Dead Man’s Statute?
a) Plaintiff has a claim against the estate of the decedent or person of unsound mind;
b) Defendant in the case is the executor or administrator or a representative of the deceased or the
person of unsound mind;
c) Suit is upon a claim by the plaintiff against the estate of said deceased or person of unsound
mind;
d) Witness is the plaintiff, or an assignor of that party, or a person in whose behalf the case is
prosecuted; and
e) Testimony is as to any matter of fact occurring before the death of such deceased person or
before such person became of unsound mind. (Sec. 23, Rule 130)
75. What are the requisites of dying declaration, spontaneous statements (res gestae) and
declaration against interest?
76. What are the two types of res gestae? Distinguish one from the other.
arellano C|L|E|A|R 15
It holds that conversations communicated to a witness by a third person may be admitted as proof
that, regardless of their truth or falsity, they were actually made. Evidence as to the making of such
statements is not secondary but primary, for in itself it (a) constitutes a fact in issue or (b) is
circumstantially relevant to the existence of such fact. Under the doctrine of independently relevant
statements, only the fact that such statements were made is relevant, and the truth or falsity thereof is
immaterial. (Gubaton vs. Atty. Amador, A.C. No. 8962, July 9, 2018, J, Perlas-Bernabe).
In rape cases, the evidence of complainant’s past conduct, or reputation or opinion thereof shall not
be admitted unless and only to the extent that the court finds that such evidence is material and
relevant to the cases. (Rape Shied Law, Sec. 6, R.A. 8505)
It refers to the testimony of a child, who is an eyewitness or offended party in violence against women
and their children, taken in a room outside the courtroom and televised to the courtroom by live-link
television, as provided for in Section 25 of the Rule on Examination of a Child Witness. It may also
refer to the live-link testimony of an adult female victim of violence, which may be allowed at the
discretion of the court. (A.M. No. 04-10-11-SC, Sec. 4 (s), October 19, 2004)
a) Contradictory evidence;
b) Evidence that his general reputation for truth, honesty or integrity is bad; or
c) Evidence that he has made at other times statements inconsistent with his present testimony (Sec.
11, Rule 132).
Yes. The Rules apply to criminal and civil actions and proceeding, as well as quasi-judicial and
administrative cases. (Sec. 2, Rule 1, A.M. No. 01-7-01-SC, Re: Expansion of the Coverage of the Rules on Electronic
Evidence, September 24, 2002)
a) By evidence that it had been digitally signed by the person purported to have signed the same;
b) By evidence that other appropriate security procedures or devices as may be authorized by the
Supreme Court or by law for authentication of electronic documents were applied to the
document; or
c) By other evidence showing its integrity and reliability to the satisfaction of the judge. (Sec. 2, Rule 5,
A.M. No. 01-7-01-SC)
85. How do you prove ephemeral electronic communications such as text messages, chatroom
sessions, under the Rules on Electronic Evidence?
Ephemeral electronic communications shall be proven by the testimony of a person who was a party
to the same or has personal knowledge thereof. In the absence or unavailability of such witnesses,
other competent evidence may be admitted. (Sec. 2, Rule 11, A.M. No. 01-7-01-SC)
86. Can the trial court allow the submission of Supplemental Judicial Affidavit, even if trial had
already commenced?
Yes. The Judicial Affidavit Rule contains a caveat that the failure to timely submit the affidavits and
documentary evidence shall be deemed to be a waiver of their submission. However, the submission
of evidence beyond the mandated period in the Rule is strictly subject to the conditions that: (a) the
court may allow the late submission of evidence only once; (b) the party presenting the evidence
proffers a valid reason for the delay; and (c) the opposing party will not be prejudiced thereby.
Corollary thereto, the Guidelines on Pre-Trial instructs the parties to submit their respective pre-trial
arellano C|L|E|A|R 16
briefs at least three (3) days before the pre-trial . (Lara’s Gift and Decors, Inc. vs. PNB General Insurers Co.,
Inc. G.R. No. 230429, January 24, 2018)
It requires that a specific and timely objection be made to the admission of evidence. Objections to
the admission of evidence must be made seasonably, at the time it is introduced or offered, otherwise
they are deemed waived, and will not be entertained for the first time on appeal. (People vs. Banares,
G.R. No. 68298, November 25, 1986)
88. What are the prohibited motions and pleadings under the following rules?
The rule is that evidence formally offered by a party may be admitted or excluded by the court. If a
party's offered documentary or object evidence is excluded, he may move or request that it be
attached to form part of the records of the case. If the excluded evidence is oral, he may state for the
record the name and other personal circumstances of the witness and the substance of the proposed
testimony. These procedures are known as offer of proof or tender of excluded evidence and are
made for purposes of appeal. If an adverse judgment is eventually rendered against the offeror, he
may in his appeal assign as error the rejection of the excluded evidence. (Fortune Tobacco Corporation vs.
CIR, G.R. No. 192024, July 1, 2015)
Clerical or typographical error refers to a mistake committed in the performance of clerical work in
writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous,
such as misspelled name or misspelled place of birth, mistake in the entry of day and month in the
date of birth or the sex of the person or the like, which is visible to the eyes or obvious to the
understanding, and can be corrected or changed only by reference to other existing record or
records: Provided, however, That no correction must involve the change of nationality, age, or status
of the petitioner. (R.A. 9048, as amended by R.A. No. 10172)
arellano C|L|E|A|R 17
HABEAS AMPARO HABEAS DATA KALIKASA CONTINUIN
CORPUS N G
MANDAMU
S
Involves the right Involves the right to Involves the right Involves the Involves an
to liberty. It life, liberty and to privacy, life, right to environment
extends to all security. It covers liberty, and balanced al and other
cases of illegal extrajudicial security. and related law,
confinement or killings, enforced healthful rule, or
detention by disappearances, ecology regulation,
which any and threats thereof involving or right
person is environment therein
deprived of al damage
liberty, or by of such
Essence
which the rightful magnitude
custody of any as to
person is prejudice
withheld from the the life,
person entitled health or
thereto. property of
inhabitants
in two or
more cities
or provinces
1) RTC where 1) RTC of the 1) RTC where CA, SC CA, SC
the person is place where the petitioner
detained; the threat, act or
2) Sandiganbay or omission respondent
an; was committed resides, or
3) Court of or any of its that which
Appeals; elements has
occurred; jurisdiction
4) Supreme
Court; or 2) Sandiganbaya over the
n; place where
Jurisdicti 5) Any justice the data or
on/Venue of the three 3) Court of
Appeals; information
preceding is gathered,
courts 4) Supreme
collected,
Court; or
stored, at the
5) Any justice of option of the
the three petitioner
preceding 2) Sandiganbay
courts.
an
3) CA
4) SC
On any day and On any day and at Only indigent Exempt from No docket
When to at anytime any time; Exempt petitioner is payment of fees
file/docke from docket and exempt from docket fees
t fees other lawful fees docket and other
lawful fees
1) Temporary 1) Ocular
protection inspecti
order on order
2) Inspection 2) Inspecti
Available
order on order
interim
reliefs 3) Production 3) Producti
order on order
4) Witness
protection
order
48 hours from Any party may Any party may Any party
notice of appeal from the appeal from the may appeal
judgement final judgement or final judgement to the SC
appealed form order to the SC or order to the under rule
by ordinary under Rule 45. The SC under Rule 45. The
appeal appeal may raise 45. The appeal appeal may
questions of fact or may raise raise
law or both The questions of fact questions of
period of appeal or law or both fact. The
shall be five (5) The period of appeal must
Appeal working days from appeal shall be be taken
the date of notice five (5) working within 15
of the adverse days form the days from
judgement. date of notice of the date of
the judgement or notice of
final order adverse
judgement arellano C|L|E|A|R 18
or denial of
motion for